Terms of use
Welcome to www.cloudview.co.uk (the "Site"), the website of CloudVPlus Holdings Ltd T/A Cloudview (“Cloudview” or “We” or “Our” or “Us”). We are registered in England and Wales under company number 14714396 and our registered office is at Bishop Fleming, Stratus House, Emperor Way, Exeter Business Park, Exeter, Devon EX1 3QS.
As set out in further detail below, this Site is for access and use by any business entity ("Customer") who enters into a contract with Us (or any of our group companies) ("Contract") for the purchase of one or more of the service pack(s) ("Service Packs") and Visual Network Adaptors ("VNA") as described on the Site. Each Customer shall appoint a number of its employees, agents or representatives who are authorised by the Customer to be users of the Service Pack(s) ("User"). For the purposes of these terms and conditions (the Terms") both the Customer and the User shall collectively be referred to as "User" or "you".
By accessing and using the Site you signify that you have read, understood and agree to be bound by these Terms, whether as a guest or as a registered User and that you are authorised to access and use the Site on behalf of the Customer.
Use of our Site includes accessing, browsing, or registering to use our Site and uploading and viewing footage as a User. If you do not agree to these Terms, please refrain from using the Site.
We may modify the Terms or any of the policies or guidelines governing the Site at any time and in our sole discretion by posting the modified Terms or other policies and guidelines on the Site. The modification shall be effective upon such posting (unless some other date is specified in the posting, in which case, that date shall be deemed the effective date for the modifications). You agree to review the Terms periodically to remain aware of any modifications. Use of the Site indicates your full acceptance of the Terms in their current form each time you use the Site.
In these Terms, any words that are shown as "(bold)" indicate a word that will be used later in these Terms.
Accessing the Site
You will be able to access some areas of the Site without registering as a User. Other areas will only be available if you register as a User.
Access to the Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire Site.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or otherwise are aware of these Terms and any additional terms or instructions issued by the Customer, and that they comply with them.
Information about you and your visits to the Site
We process information about you in accordance with the CloudVPlus Holdings Ltd T/A Cloudiew Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
About the Site
The Site is a web-based application that enables Users to view and manage the footage from one or more of their CCTV cameras, via PCs tablets and smart phones where the CCTV camera(s) has been connected to the internet via a suitably installed VNA and the respective Service Pack purchased from Us.
When you purchase a Service Pack, you will be registered as a User. A User will be allocated a personal Cloudview account (the "Account") and will be requested to choose a password in respect of such Account. The User is solely responsible for maintaining confidentiality and security of the password and each User hereby agrees not to disclose the password to any third party. The User agrees to notify Cloudview immediately of any actual or suspected unauthorised use of the User’s Account or password.
We have the right to disable any Account and/or password at any time, if, in Our opinion, you have failed to comply with any of the provisions of these Terms.
Provided a User has purchased one of Cloudview’s VNA’s, a User may then access, and view footage uploaded from its CCTV cameras ("Footage").
We have the right to disable any Account and/or password at any time, if, in Our opinion, you have failed to comply with any of the provisions of these Terms.
Service Packs
There are various levels of Service Packs which Users may purchase as set out in the Site. Details of the Service Packs and VNA’s purchased by a User will be set out in the applicable Contract with the User.
We retain the right to vary the activity entitlement of Service Packs without notice, subject to all such variations being applicable no earlier than the end of the User’s current contracted Service Pack period set out in the Contract.
Eligibility
By purchasing a Service Pack and registering as a User you represent and warrant that:
all registration information you submit is truthful and accurate,
you will maintain the accuracy of such information;
you are 18 years of age or older;
you are a business entity or are authorised as an individual on behalf of a business entity to be a User and you are not purchasing as a consumer; and
your use of the Site does not violate any applicable law or regulation.
Site Use
You must adhere to the following basic rules of conduct while using and accessing the Site, including (as a User) your Account:
refrain from violating all applicable laws;
refrain from using the Site to send unsolicited emails, bulk mail or spam to other Users or any other individual or entity;
refrain from using the Site to harass, threaten, stalk or abuse other Users or other persons;
refrain from using the Site to harm any person;
refrain from posting and/or uploading any content on the Site that:
is obscene, vulgar, harmful or offensive in nature;
violates any lawful rights of privacy or the intellectual property rights of another;
contains objects or symbols of hate or intolerance;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or adversely affect the functionality of the Site including any Trojan horse, worm, time bomb or similar destructive code.
refrain from interfering with other Users’ use of the Site;
refrain from using the Site to invade the lawful privacy of others or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the Site;
refrain from using the Site and the services to create a false identity or to impersonate another person; and
remain polite and courteous to Cloudview and other Users at all times.
These rules are the minimum level of conduct. We reserve the right at Our discretion to suspend or terminate your right to use the Site if you violate any of the aforementioned rules of conduct or engages in any other offensive, illegal or anti-social conduct.
Site Use
As a User you grant Cloudview the right (including any moral rights) and licence to use any Footage uploaded to the Site in order for Cloudview to access, store and use the Footage in accordance with Cloudview’s obligations under the relevant Service Package.
You warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and granted you the right to grant the licence stated above.
Cloudview has no obligation to screen or monitor any Footage. Cloudview does not represent or guarantee the truthfulness, accuracy or reliability of any Footage. You acknowledge that any use of the Footage or reliance on the Footage is at your own risk.
If Cloudview becomes aware of any Footage that may not conform to these Terms, Cloudview may investigate the allegation and determine in its sole discretion whether to take any action in accordance with these Terms. Cloudview has no liability or responsibility to its Users for performance or non-performance of such activities.
Cloudview has the absolute right to remove and/or delete without notice any Footage that it deems objectionable. Your consent to such removal and/or deletion and waive any claim against Cloudview for such removal or deletion.
Subject to you complying with these Terms, Cloudview shall store any Footage uploaded to the Site in accordance with the relevant recording storage period specified in the Service Pack purchased by the User. However, Cloudview is not responsible or liable for failure to store Footage or other content you transmit through the Site beyond the period specified in the relevant Service Pack. It is your own responsibility to take measures to preserve copies of any data, material, content or information posted or uploaded by you on the Site.
Copyrights, Trademarks and Other Intellectual Property
All Footage uploaded by you is your property and remains your copyright.
By uploading Footage to the Site, you grant Cloudview a transferable, non-exclusive, non-terminable, royalty-free licence to access, store and use the Footage in accordance with Cloudview’s obligations under the relevant Service Pack.
Except for Footage uploaded by a User, you may copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content appearing on the Site.
All trademarks, service marks and logos used on the Site are the sole property of Cloudview. These marks include but are not limited to the "Cloudview" logo design and other Cloudview graphics, logos, designs, page headers, button icons, scripts and service names that are protected by copyright, trademark and other intellectual property laws. All content created by Cloudview or any of its partners, suppliers or authorised agents and included on the Site, such as text, logos, graphics, images, java script code, html code and other software is the property of Cloudview or its partners, suppliers or authorised agents. Cloudview’s trademarks and trade address may not be used, including as part of trademarks, links and/or as part of domain names and may not be copied or imitated in whole or in part without the prior written permission of Cloudview.
Security
As a User you are solely responsible for any use of or action taken under your Account. Accounts may be used only to upload and access Footage and otherwise to access and use the Site in accordance with these Terms. You accept full responsibility for all transactions and other activity placed or conducted through your Account and agree to and hereby release Cloudview from any and all liability concerning such transactions or activity.
Cloudview has no obligation to enquire as to the authority or propriety of any use of or action taken under any Account and will not be responsible for any loss to you resulting from any such use or action or from your failure to comply with the above.
Cloudview will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications that expressly disclaims any and all liability for the accessing of any such data or communications by unauthorised persons or entities.
Cloudview does its best to keep the Site safe, but cannot and does not guarantee it. In order to help Cloudview keep the Site safe, you agree not to:
modify, adapt, translate or reverse engineer any portion of the Site or use any robot, spider, Site search/retrieval application, or other device to retrieve or index any portion of the Site;
modify, remove or use the VNA’s other than for the purpose of receipt of the Cloudview services and in accordance with any instructions notified by Cloudview;
reformat or frame any portion of the Site;
attempt to probe, scan or test the vulnerability of Cloudview’s system or network or VNA’s or breach any security or authentication measures;
falsify any TCP/IP packet header or any part of the header information in any content or in any way use the Site to send altered, deceptive or false source identifying information;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site;
use any meta tags or other hidden text or meta data utilising Cloudview’s trademark or product name without Cloudview’s express written consent;
impersonate or misrepresent any User’s affiliation with any person or entity through pretexting or any other form of social engineering or otherwise commit fraud;
re-sell the Site in whole or in part;
violate any applicable law, regulation or ordinance; or
use the Site in any manner not permitted by these Terms
and shall be liable and responsible to Cloudview in respect of all accounts, costs, claims and liabilities (whether direct or indirect) howsoever arising from the failure to abide by these provisions.
Third Party Sites
To the extent that you access to third party sites from the Site through hypertext or other web links, you acknowledge that such third party Sites are not within the supervision or control of Cloudview and Cloudview does not make any representations or warranties whatsoever about any third party Site that is linked to this Site. A link to a third party Site from this Site does not constitute an endorsement of the opinions, products or services offered on such third party Site.
Disclaimer and Limitation of Liability
Use of this Site or an Account is at your own risk. This Site and content therein are provided on an "as is" basis and "as available" basis except as otherwise prohibited by applicable law.
Cloudview is not responsible for the availability or content of other services that may be linked to the Site.
Cloudview makes no representation or warranties of any kind with respect to the Site, or its services.
All express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent allowed by law.
Under no circumstances shall Cloudview be responsible for any loss or damage, including personal injury or death resulting in your use of the Site, unless death or personal injury is caused by Cloudview’s negligence.
Cloudview expressly disclaims any warranty of any kind including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. Cloudview does not guarantee any specific results from the use of the Site. No advice or information whether oral or written obtained by you from Cloudview or from or through use of the Site, shall create any warranty not expressly stated herein.
Cloudview assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of communications or content. Cloudview is not liable for any problems or technical malfunctions caused by any of the equipment or programming associated with or utilised by the Site.
Cloudview is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or on any of the Cloudview Service Packs or combination thereof, including any injury or damage to Users or to any person’s computer, internet phone, camera or other electronic device related to or resulting from downloading materials or any other use in connection with the Site.
To the fullest extent allowed by law, in no event shall Cloudview be liable to you or any third party for any loss or damages whatsoever that result from use of the Site including but not limited to:
any direct, indirect, special, consequential, punitive, or incidental damages;
damages for loss of use, profits, data or other intangibles;
damages for unauthorised use, non-performance of the Site, errors or omissions;
damages related to downloaded information, posting information or sending or receiving emails;
damages resulting from viruses, worms, Trojan horses or other contamination or destructive programmes even if Cloudview has been advised of the possibility of such damages;
damages resulting, directly or indirectly, from any delay in or failure in notifying any User of Footage to which they have authorised access being uploaded,
even if Cloudview is aware or has been advised of the possibility of such damages. In jurisdictions where such provisions are restricted, Cloudview limits its liability to the fullest extent permitted under the relevant law.
Notwithstanding anything to the contrary contained in these Terms, Cloudview’s liability to you for any cause whatsoever and regardless of the form of the action shall at all times be limited to the charges paid for the Service Pack. You acknowledge that if no charges are paid to CloudVPlus Holdings Ltd T/A Cloudiew, you shall be limited to injunctive relief only, unless otherwise permitted by law and shall not be entitled to damages of any kind from Cloudview regardless of the cause of action.
Termination
As a User, you may terminate your account with 30 days written notice and any footage stored on your account will be terminated. However, such termination does not release you from any contractual commitment you may have to any third party from whom you have purchased a Service Pack.
The User agrees that Cloudview in its sole discretion may terminate your use of the Site and remove and discard any content within the Site for any reason, including without limitation if Cloudview believes you have violated or acted inconsistently with these Terms. Cloudview may also, in its sole discretion and at any time, discontinue providing the Site, the Service Packs or any part thereof without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice and you acknowledge and agree that Cloudview may immediately deactivate or delete any Footage and/or bar any further access to such files or the Site. Further, you agree that Cloudview shall not be liable to you or any third party for any termination of your access to the Site. The Terms will continue to apply to your past use of the Site. Termination of access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that the User otherwise may have to Cloudview or CloudVPlus Holdings Ltd T/A Cloudview.
Upon your use of the Site being terminated, you may request that Cloudview return all Footage uploaded by you in a format and for the fee set out in the applicable Service Pack. Footage will only be returned to an IP address, or in the case of physical delivery, a postal address, previously associated with you. Failure to pay the specified fee for the return of such Footage within 90 days of such termination shall result in the Footage being destroyed.
Cloudview is granted a licence to retain any Footage should such be required to assist in the detection or prevention of crime.
Miscellaneous
The expression "Cloudview" in these Terms means, where the content so admits, Cloudview Limited and its officers and employees and each of them and their respective heirs, successors, personal representatives and estates of Cloudview Limited and such officers and employees and each of them.
No failure of Cloudview to enforce any of its rights under these Terms shall act as a waiver of such rights.
If any portion of any provision of these Terms is found invalid or unenforceable that provision shall be forced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect.
Notices
Cloudview’s address for the receipt of notices is at:
Compliance Department
CloudVPlude Holdings Ltd T/A Cloudview
Bishop Fleming
Stratus House
Emperor Way
Exeter Business Park
Exeter, Devon EX1 3QS
Cloudview may serve notices to Users at the last email address notified to the Site as being the contact address for the User.
Applicable Law
Any disputes arising out of or relating to these Terms or use of the Site shall be governed by and is to be construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise.
Cloudview makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United Kingdom. Access to the content may not be legal by certain persons or in certain countries. You hereby agree that by accessing the Site from outside of the United Kingdom you do so at your own risk and you are responsible for compliance with the laws of that jurisdiction.